Documents

The UK referendum on its continued membership in the European Union had taken place on June 16, 2016, but it took almost four years until the country eventually left the EU on January 31, 2020. During that time, the Supreme Court decided twice on questions related to the withdrawal of the UK from the Union. Most recently in a high-profile case R (Miller II) v The Prime Minister, which concerned the legality of prorogation of the Parliament by the PM. The Court determined that the advice of the PM to the Queen to prorogue Parliament was unlawful. Miller II was a momentous decision for the Supreme Court and the country.

Much ink has been spilt on the subject of Brexit, but there is little to no writing on the view from the Court. Building on data gathered from the meeting minutes of the UK Supreme Court Management Board, which consists of non-judicial and executive staff of the Court, this blog examines how the UKSC handled the litigation and the general fallout from Brexit. The data reveals a different facet of the work that goes on inside the Court; one that is not readily visible on the face of the record.